HomeMy WebLinkAbout0946 CRAIGVILLE BEACH ROAD (17) 0i _
1 �
r i
f
:EV
0*331' PAGE
1707
MASTER DES
Of
I i RDNALD NMICC, Trustee of aWGVnL E BCti NCHff1rEE TR[ST - `under a
r h written Declaration dated June 1, 19k and registered with the Barnstable
county Registry of Deeds in Book 3296, Page 303, hereinafter called the Decla-
rant, being the sole owner of the land and buildinp in Barnstable, Barnstable J C v
I cy� y
County, Massachusetts hereinafter described,-by duly executing and recording 1
this Master Deed; do hereby submit said land together with the buildings,
f n
# improvements and strictures located thereon to the provisions of Chapter 183A
of the General Laws of Massachusetts, as amended, and propose to create and do p
hereby create a condominiums to be governed by and subject to the provisions of " " O W(J
said Chapter 163A, and to that end, we hereby declare and provide as follows: c
I.
ti. The name of the condominium shall be the ftd-Sands Condominium.
II.
A description of the ]and on which the buildings and i>Frovenents are
located is set forth and described in Exhibit A attached hereto and made a
part hereof, which land and buildings are subject to and have the benefit of,
as the case may be, the easements, eau , restrictions and appurtenant
rights set forth and contained in said Exhibit A, and as shown on a plan dated
May 12, 1981 drawn by J. M. Monahan, Jr. 6 Associate$, Pegistered Land Surveyors
& Engineers, to be recorded herewith.
c.
t '
BOOK3312 PACE 167
III. I ;
f
The description of the buildings canprisinrg the Condominium, stating the i
number of stories, the number of units and the principal material of which
they are constructed is set forth and described in Exhibit B attached hereto
and made a part hereof.
IV.
A. The unit designation of the condominium units, location, approximate
areas, number of roans, immediately accessible Camron areas and other descrip-
tive specifications thereof are! as set forth in Exhibit C attached hereto and
made a part hereof and as shown on the floor plans attached hereto and made a
part hereof.
B. The boundaries of Units l through 8 and Units 11 and 12 with respect
to the floors, ceilings and the walls, doors and windows thereof are as follows:'
(1) Floors: The upper surface of the subflocri.ng.
(2) Ceilings: 71he plane of the lower .surface of the roof rafters-
(3) Interior Building Walls; The plane of the surface facing such unit
of the wall studs.
(4) Exterior Building Walls, Doors and Windows: As to walls, the plane
of the interior surface of the wall studs; as to doors, the exterior surface
thereof and as to windows, the exterior surfaces of the glass and of the
window frames.
C. The boundaries of Units 9, 10, 14 and 15 with respect to the floors,
ceilings and the walls, doors and windows thereof are as follows;
(1) Roofs: The plane of the outer surface of the roof shingles;
2
i
3
BOOK&U2 PAGE iSS
(2) Exterior Building Walls, Doors airs Windows:As to walls, the plane
of the exterior surface of the shingles, or with respect to foundation areas,
the exterior surface of the foundation wall; as to doors, the exterior surface
thereof; and as to windows, the exterior surface of the glass and of the
window frames;
(3) Floors; gm plane of the outer and exterior surface of the lowest
floor;
(4) Foundations, chimneys, gutters, downspouts, drains, flues, vent
Pipes, railings, steps, bulkheads, fireplaces and other features connected to
ar extending from said surfaces of a unit are a part of the unit; and
(5) Drainage pipes and waste disposal systems that serve only one unit
are a part of the unit.
V.
The common areas and facilities of the condominium shall include:
A. Such areas and items list ad as such in Section 1 of said
Chapter 183A and those hereinafter listed, and Without limiting the foregoing,
all areas and facilities of the condominium as are not within a unit of the
coed-d.nium;
B. The foundation, basement, basement structural columns, girders,
beams, supports, exterior walls, and roof of the building, cancan walls within
the building, and any space between double studded walls between units;
C. All oonduits, ducts, Pipes, plumping, wiring, flues and other
facilities for the furnishings of.utility services which are contained within
any unit which serve Parts of the condominium other than the unit Within which
such facilities are contained]
_ 3 }
I
e
i
t
j
i
BOOK 410E IM }
i
D. The yards, gardens, driveways, walkways, lighting fixtures,
parking spaces and other improved or unmgproved areas not within the units] �
E. The sewage disposal system comprising pipes, septic tanks,
i
cesspools, leaching beds and other facilities which serve more than one (1)
unit;
i
P. The utility roam located in Building "A".
G. All Qther apparatus and installations in the buildings, if any,
for camon use or necessary or convenient.to the existence, maintenance or
safety of the condominium.
H. The owners of Units 1 through 4 shall have the exclusive use of
and the obligation to maintain, repair and replace that portion of the common
areas that comprise the structure and foundation of Building "A" containing
said units.
I. The owners of Units 5 through 8 shall have the exclusive use of
and the obligation to naintain, repair and replace that portion of the cc mmn
areas that comprise the structure and foundation of Building "B" containing
said units.
J. . The owners of Units it and 12 shall have the exclusive use of
and the obligation to maintain, repair and replace that p rti o n of the cc m=
areas that comprise the structure and oommon foundation of Building "E" contain-
ing said units.
K. The purpose of the foregoing provisions is to prevent the
inclusion as a common area charge of the cast of maintaining, repairing and
replacing the structure and foundation of Buildings "A", "B" and "E" which
contain said Units 1 through 4, Units 5 through 8, and Units 11 and 12.
L. There shall be appurtenant to Units 10, 11, 12, 14 and 15 the
exclusive use of and the obligation to m wtain, repair and replace the open
4
f Bocx=PAGE 170
suspended porch which is attached to the respective unit; there shall be
appurtenant to Units 1, 2, 3, 4, 5, 6, 9, 10, 11, 12, 14 and 15 the exclusive
use of and the cbligation to maintain, repair and replace the front door steps
which are attached to the respective unit; there shall be appurtenant to '
Units 7 and 8 the oommn use of and the cannon obligation to Maintain, repair I
and replace the front door ,step which is attached to Units 7 and 8; there
shall be appurtenant to all units the exclusive use of one (1) outside paxIcirg
BP— designated by the number of.such unit as shown an the aforenxentioned
plan; all of said exclusive uses to be subject to and in accon]anoe with the
By-laws of the Suni-Sands Condominium Association and the rules and regula-
tions prawlgated pursuant thereto.
M. Special assessments: The Board of Managers reserves the right to 1�
levy a special assessment upon the owners of units in Buildings "A", "B- and
"E" for the costs of main F taming, repairing and replacing the exclusive oommon
areas D.-ferred to in paragraphs s, I and J above. Said assessment shall be.a I
lien upon the unit and a personal obligation of the unit owner in the same
manner as is the regular eamon area charge. The special assessments for
(( sui.ldinp "A", "B" and "E" shall be charged to the unit owners of said Building
in the percentages set forth in Wdbit D attached hereto and made a part
i
hereof. I
I
• i
The oamion areas and facilities shall be subject to the provisions of the
By-laws of Suni-Sands Condandnium Association, hereinafter referred to, and to
the rules and regulations praw1gated pursuant thereto with respect to the use
and maintenanoe thereof.
I
5
if
I
i
t
i
DOOK3312 PACE 171 f
i
VI.
The owners of each unit shall be entitled town undivided interest in the
common areas and facilities in the percentage set forth in Exhibit D attached
hereto and made a part hereof, which percentage was determined as required by
the provisions of said Chapter 183A.
VII.
Reoonled herewith as part of the heneinbefore mentioned Suni-Sands Cmhdo-
minium Plan is a set of floor plans of the buildings showing the layout,
location, unit numbers and dimensions of the units stating the names of the
buildings as letters and bearing the verified statement of a registered
surveyor cert'fyiV that the plans fully and accurately depict the layout,
location, unit numbers and dim_nions of the units as built.
VIII.
A. Each of the units of the Condominium is intended to be used solely .
for single family residence purposes, unless a unit contains more than one
dwelling area, a self-contained area with its own kitchen and bathroom facili-
ties, in which case, said unit may be used by as many families as there are
dwelling areas within a unit, in accordance with the By-laws of the Suni-Sands
Candaninium Association, provided, however, that such units may be used by the
Declarant for other purposes temporarily pursuant to provisions of and subject .
to the limitations set forth in Paragraph VIII C.
B. The outdoor parki.q areas are intended to be used for.the parking of
private passenger cars and not for trudcs or other vehicles or items, except
with prior written permission of the.Board of Managers of the Condomiuthm
association; and
C. As provided in the foregoing"Paragraph VIII A., the Declarant hereof
f 6
1
DOOK3312 PACE 172
nay, until all of said units have been sold by the Declarant (1) let or lease
a unit or units which have not been sold by them and (2) use any unit or units
owned by then as a mxdel for display for purposes of sale or leasing of units.
D. Each of the units can be sold only as an entirety, and no dwelling
area within a unit may be sold separately from the unit of which it is a part.
IX.
A. Unless otherwise permitted by instrument in writing and duly wed
i
by the Board of Managers of the &wd-Sands Condominium Association pursuant to
the provisions of the By-laws thereof; !�
(1) No such unit or dwelling are,when a unit contains more than
one dwelling area shall be used for any purpose other than as a dwelling for !,
is one (1) family as permitted under Section VIII A., above;
(2) No business activities of any nature shall be conducted in any
such unit;
(3) No annals of any kind, including birds and reptiles, except
for ordinary household pets, shall be kept or permitted in any unit or in-or
on the cmmon areas and facilities.
(4) The architectural integrity of the buildings and the units, 1
i shall be preserved without modification and to that end, without limiting the
generality of the foregoing, no balcony, enclosure, awning, screen; antenna,
sign, banner or other device and no exterior change, addition, structure, °
Iprojection, decoration or other feature shall be erected or placed upon or
attached to any such unit.or any part thereof, nor addition to or change or
replacement of any exterior light, door knocker, or other exterior hardware
shall be made, and no painting or other decorating shall be done on any exterior
part•or surface of any unit nor on the interior surface:of any window; and
7
i
BODK3312 PAGE V3
(5) All maintenance and use by unit owners of common on areas and
other facilities shall be done so as to preserve the appearance and character
of the grounds and buildings without modification;
(6) No unit shall be used or maintained in a manner contrary to or
inconsistent with the By-laws of the Suni-Sands Condominium Rssoeiatien and
rules and regulations which may be adapted pursuant thereto.
Said restrictions shall be for the benefit of the aw rs of all of
the condominium units and the Board of Managers of the Suni-Sands Condominium
Association as the persons in charge of the common area and facilities;, shall
be enforceable solely by said Hoard of Managers, and shall, insofar an permitted
by law, be perpetual; and, to that end, may be extended by said Board of
Managers at such time or times and in such manner as permitted or required by
law for the continued enforceability thereof. No unit owner shall be liable
for any breach of the provisions of this Paragraph, exert such as occur
during his or her ownership thereof.
X.
This Master Deed may be amended by an instrument in writing (1) signed by
the owners of units entitled to seventy (70%) percent or more of the undivided
interests in the common areas and facilities, and (2) signed and acknowledged
by a majority of the Board of Managers of the Simi-Sands Cordominium Association,
and (3) duly recorded with the Barnstable County Registry of Deeds; provided,
however, that:
A. The date on which any such instrument is first signed by a unit
owner shall be indicated thereon as the date thereof and no such instrument
shall be of any force or effect unless the same has been recorded within six
(6) months after such date;
8 I
i
t
i
W
BOOK33I2P.GE 174
m
B. No instnaoent of amendment which alters the dimensions of any unit
shall be of any force or effect unless the same has been signed by the owners
of the unit so altered;
C. No instrument of amendment which alters the percentage of the undi-
vided interest to which any unit is entitled in the commmcn areas and facilities
shall be of any force or effect unless the same has been signed by the cams
of all of the units and said instrument is therein designated as an Amended
Master Deed;
D. No instrument of amendment affecting any unit in a muvier which
impairs the security of a first mortgage of record thereon held by a bank or
insurance oampany or a purchase money second mrortgage held by the Delcarant or
their successors or assigns.shall be of any force or effect unless the same
has been assented to by such holder; and
E. No instrument of amendment which alters this Master Deed in any
manner which would render it contrary to or inconsistent with any requirements
or provisions of said Chapter 183A of the Ceneral Laws of Massachusetts shall
be of any force or effect.
XL.
lthe organization through which the unit owners will manage and regulate
the condominium established hereby is an uninamporated association known as
the Suni-Sands Oamdondnium Association. Said Association has been formed and
has enacted By-lams pursuant to said fester 183A and are to be recorded
herewith. .
All unit owners in the Suni-Sands Cmxkmminium Association shall be members
of the Association of unit owners and such owners shall have an interest in
proportion to the percentage of undivided interest in the common areas and
9
im
i
DOOK3312 N.GE 175
facilities to which they are entitled hereunder. The name and address of the
original and present Hoard of Managers thereof is as follows:
1
Richard H. McNealy
638 Main Street
West Yarmouth, MA 02673
c
If any portion of the common elements now encroaches upon any unit, or if
any unit now encroaches upon any other unit or won any portion of the common f
f
elements, or if any such encroachment shall occur hereafter as a result of (1)
settling of the buildings, or (2) alteration or repair to the common elements
made by or with the consent of the Board of Managers of the Suni-Sands Condo-
minium Association, or (3) as a result of repair or restoration of the buildings
or a unit thereof after damage by fire or other casualty, or (4) as a result
of condemnation or eminent domain proceedings, each unit owner shall have,the
benefit of and be subject to a valid easement which shall exist for such
encroachment and for the maintenance of the same so long as the buildings
stand.
t
XLII.
Each unit owner shall have an easement in camm with the owners of all
other units to use all pipes, wires, ducts, flues, cables, conduits, public
utility lines and other common elements located in any of the other units and
serving his unit. Each unit shall be subject to an easement in favor of the
owners of all other units to use the pipes, wires, ducts, flues, cables,
conduits, public utility lines and,other common elements serving other units
and located in such unit. The Hoard'of Managers of the Suni-Sands Oondcmdnitum
Association shall have a right of access to each unit to inspect the same to
A
1
6=33 2 PACE 176
remove violations therefran and to maintain, repair;,orxreplaae the oaanwl .
elements curtained therein or elsewhere in the buildings. _
may;
All present and future owners, tenants, visitors, servants and occtpants
r ,
of units shall be subject,to and'ahall ocmgly-with the provisions of this n
Master Deed, the Unit Deed, By-laws and the rules and regulations,• as they may. I'
be amended fram time to time. The acceptance of a deed or.conveyance or.the
entering into occupancy of any unit'shall constitute an'agreenent that (1).`
provisions of this Master Deed, the Unit Deed, the By-laws and the rules and
regulations as they may be amended from time to time are accepted and ratified
j by such owner, tenant,,visitor, servant,or oacg3ant, and all such provisions
a shall be deemed and taken to be covenants running with the land and shall bind. `.
any person having at any time any interest or estate in such unit, as though
such provisions were recited and stipulated at length in each and every deed a
or conveyance or lease thereof, and (2),a violation of the provisions of this
c'^ '
Master Deed, the Unit Deed, Bylaws or rules and regulati°onsjby any such
person shall be deemed a substantial violation of the duties of the oondom nium
unit - I s
owner.
xv.
The invalidity of any prmi.si.on or provisions of this Master Deed-.shall
not be deemed to impair or affect in any«manner the validity, enfnsoeability
or effect of the remainder of this Master Deed, and, inn such ew..nt,.all af`the "
otter provisions of this Master Deed shall oontinue in full forme and effect
as if such invalid provision had never been included herein:
r .
11
i
r^
I
}
BOOKU12P.-GE V7
XVi.
No provision contained in this Master Deed shall be deemed to have been
abrogated or waived by reason of any failure to enforce the same, irrespective
of the number of violations or breaches which may occur.
XViI.
this Master Deed is set forth to catply with the requirements of Chapter
183A of the General Lases of the Cammnweal.th of Massachusetts. In case aay of
the provisions stated above conflict with the provisions of said statute, the
provisions of said statute shall control. 4he units and camron areas and
facilities and the unit owners and the Suni-Sands Condominium Association
shall have the benefit of and be subject to the provisions of said Chapter 183A
of the General Laws of Massachusetts, and in all respects not specified in
this Master Deed or_in said By-laws of the Suni.--Sands Condominium Association
shall be governed by provisions of said Chapter 183A in their relation to each
other and to the condominium established hereby, including without ]imitation,
the provisions thereof, with respect to camrton expenses, funds and profits,
with respect to the improvement and rebuilding of o== area and facilities,
and with respect to removal of the oohdaninium premises or any portion thereof
from r-he provisions of said Chapter 183A.
12
f
+1
5=3312 PAGE V8
i
XVIII. i
All terns and expressions herein used which are defined in Section 1 of
said Chapter 183A shall have.the same meanings herein as set forth in said
Section 1.
IN WITNESS WHEREOF, RONM D RDDNICK, Trustee has hereunto set his hand and
seal this oU4-4day of June, 1981.
AxInick74Vustee
WEALTH OF K%SSAICHUSETTS
i
Barnstable, es. June 1981
Then personally appeared the above named ROW D I 3M=, Trustee as
aforesaid, and acknowledged the foregoing instrument be his free act and
k deed, before no, t
1 •� r G�
Notary Pyblic
My cammssicn expires:
i
i
r
� i
• I
- i
i
i •
i
- 11
i
{
i
i
sooK3MR-GE 179
SUNI-SANDS CCNDDMINIUM
EXHIBIT A
The land together with the buildings thereon located in Barnstable
(Centerville), Barnstable County, Massachusetts, described as
follows:
PARCEL I - (unregistered land)
LOT 2 as shown on "Plan of Land in Centerville Barnstable, Mass.
For: Hyannis Building and Developing Associates Inc. Being a
Subdivision of Parcel "B" as shown on Land Court Petitioners's
Plan 8635 Scale d" = 40', October 28, 1980 March 5, 1981 J.M.
Monahan, Jr.. & Associates" which said plan is recorded in Plan
Book 352, Page 7.8'.
PARCEL II - (registered land)
A certain parcel of land situate in Barnstable (Hyannis), Barn-
stable County, Massachusetts, bounded and described as follows:
NORTHEASTERLY by Centerville River;
SOUTHEASTERLY by land now or formerly of Clara S. Groves,
measuring on the upland about four hundred
thirty-five (435) feet;
SOUTHWESTERLY, SOUTHEASTERLY rind SOUTHERLY by sand Groves land
(L.C. #8635), five hundred twelve and 42/100
(512.42) i'eet; and
NORTHWESTERLY by land now or formerly of John J. Pendergast et
al, Trs. (Cert. 6441), about four hundred j
three and 55/100 (403.55) feet.
All of said boundaries are determined by the Land Court to be !
located as shown on subdivision plan 18162-D dated December 28,
1948, drawn by Bearse & Kellogg, Civil Engineers, and filed in
the Land Registration Office at Boston, a copy of which is filed
in Barnstable County Registry of Deeds in Land Registration
Book 76, Page 66, with Certificate of Title 11246 and said land
is shown thereon as LOT A-4, and also shown on Plan in Book 352,Page7$
Said LOT A-4 is subject to the right of any person in the ditches
shown on said plan.
The above described premises have the right to use the 30-foot
wide way as shown on said plan for all purposes for which public
ways are now or may hereafter be used in the Town of Barnstable
in common with all those lawfully entitled thereto.
The above described premises are subject to a reservation con—
tained in a deed from Walter D. Johnson et ux to Ronald Rudnick
Trustee of Craigville Beach Nominee Trust, dated-June 1, 1981
and recorded with Barnstable County Registry of Deeds in Book
3296, Page 30B, to use the "Board Walk" as shown on said plan.
` .5OOK33I2PAGE 1$O
SUNI-SANDS CONDOMINIUM
Exhibit B
I
The Condominium consists of seven (7) buildings, Buildings C,
s D, F and G each contain one (1) dwelling unit. Buildings A and B
each contain four (4) dwelling units. Building E contains two
(2) dwelling units. The total number of units is fourteen (14)
All buildings are one (1) story and are of wood frame construction
with cedar shingle siding, asphalt shingle roof and concrete i
block foundation. Units 10, 11, 12, 14 and 15 have the exclusive
use of the open suspended wooden porch which is attached to their
respective unit. Units 7, 11 and 12 have brick fireplaces. f
I
i
3 i
9
{
_ r
500K3312 PAGE"
SUNI-SANDS: CONDOMINIUM "
Exhibit C f
` Immediate }
Common.
Areas to '
Unit NO. of Approx. Sq.Ft. Which Unit
Designation Building Location of Land Rooms in Area has Access
• i
1' At Southeasterly portion 2 212 Lawn;Grounds
Paved Way & : ,
Parking
2 A ,; 2 223 « a
3 A 2 22,3 «
4 A " 2 212
5 8 " 2' 196
s
7 B 2 175 " «
8 B 2 196
e,
9 C " 5 530...
10 D ' Southwesterly portion 5 "-465 r "
11• E " 5W 493 « «
12 B ". 5 495 « «
14 F Northwesterly portion. -5 ° 442
• - 1. i _ - III
BOOK3312PAGE 182
j
SUNI-SANDS CONDOMINIUM
Exhibit D
r
Unit
Designation Percent of Undivided Percent of Special
Interest in Common Areas Assessment
and Facilities
1 4.7 25.0
j
2 4.7 25.0
3 4.7 25.0 .
I 4 4.7. 25.0
5 4.7 25.0
a
I 6 4.7 ' 25.0
7 4.7 25.0
^8 4.7 25.0
9 10.4 -
(I 10 10.4 -
° 11 10.4 50.0
12 10.4 50.0
14 10.4 _
15 10.4 -
ENDED JLIN 26 8 1
torn clerks of . the municipalities shall mail a copy of the suesaary to each
registered voter no later than ten days prior to the election together with a §Z 2
notice that._ull copies of this act are available from the torn clerk upon re- TRANSITIONAL
EXEMPTIONS
quest.
SECTION 22. (a) This .act shall not apply to any development constructed
in accordance with a building permit issued prior to the effective date of
this act.
(b) This act shall not apply to any development which prior to July
first, nineteen hundred and eighty-nine has received any one of the following:
an order of conditions under"-section forty of chapter one hundred thirty-one
of the General Laws: a special permit or variance under chapter forty A: a
comprehensive permit under chapter forty B: or a statement of the secretary of
environmental affairs that the environmental impact report adequately complies
with sections sixty-two to sixty-two H, inclusive, of chapter thirty, and
which development is constructed .or Is thereafter constructed in substantial
compliance therewith.
(c) The provisions of this act shall not apply to the grant of. a develop-
sent permit by a municipality or.state agency for the repair, upgrade, change,
I +
alteration or extension of a single family dwelling or an accessory structure, E
Iseptic system or water well relative thereto, if :such dwelling existed prior 11
j to first, nineteen hundred and eighty-nines unless such upgrade, change,
r
alteration or extension is greater than twenty-five percent of the floor area
i
of the.dwelling.
(d) The provisions of this act shall not apply to a development which, ar I
of July first, nineteen hundred and eighty-nine. had applied for and was entt-
tied to one of the permits or approvals listed in subsections (a) and (b) of
this section but said approval or permit did not issue due to: (1) the ells-
ten ce of a development ' moratorium imposed by a town meeting :pcio:, to-July
first, nineteen hundred and"eighty-nine. $o long as such moratorius is termi-
nated and the permit or.approval actually issues as originally applied for and
so long as the development is constructed In accordance with said permit or
ant of of such a permit or approval was the
approval: (Z) because the gr
subject of judicial review ante red aprior to July first, nineteen hundred and
eighty-nine. and said judicial review is concluded in the applicant's favor
and so long- as the development is constructed thereafter in , accordance with
said permit or, approval; of (3) because of negotiations with the planning
I - 39 -